                                 CODE OF VIRGINIA

PRIOR APPROVAL REQUIRED BEFORE ISSUANCE OF BUILDING PERMIT; APPROVED SEWAGE
SYSTEM OR NONCONFORMING SYSTEM (§ 32.1-165)

A. No county, city, town, or employee thereof shall issue a permit for a
building designed for human occupancy without the prior written authorization of
the Commissioner or his agent. The Commissioner or his agent shall authorize the
issuance of such permit upon finding that safe, adequate, and proper sewage
treatment is or will be made available to such building, or upon finding that
the issuance of such permit has been approved by the Review Board. &#8220;Safe,
adequate, and proper&#8221; means a treatment works that complies with
applicable regulations of the Board of Health that are in effect at the time of
application.

B. The Commissioner shall develop an application and procedure for evaluating an
installed treatment works and to determine whether to authorize issuance of a
permit for a building designed for human occupancy.

C. Nothing in this section shall be construed to prevent the Commissioner or his
agent from approving the use of a nonconforming treatment works, provided the
treatment works was installed in accordance with the Board of Health&#8217;s
applicable regulations in effect at the time of its installation, is not
failing, and is designed and constructed for the sewage flow and strength
expected from the building.

D. Nothing in this section shall be construed to prevent an owner of real
property from receiving a voluntary upgrade pursuant to &#xA7; 32.1-164.1:3, or
other permit, as a condition of approval as a nonconforming treatment works.

E. The Board, Commissioner, and Department may accept a certified evaluation
from (i) a professional engineer licensed pursuant to Chapter 4 of Title 54.1;
(ii) an onsite soil evaluator, onsite sewage system operator, or onsite sewage
system installer licensed pursuant to Chapter 23 of Title 54.1; (iii) or other
individual with an appropriate certification from the National Sanitation
Foundation, or equivalent. The Department may perform an inspection of the
certified evaluation but shall not be required to perform a field check prior to
the issuance of the written authorization in subsection A.

HISTORY: Code 1950, § 32-9; 1954, c. 646; 1964, c. 436; 1970, c. 645; 1972, c.
775; 1979, c. 711; 1984, c. 457; 2016, c. 96.